Terms & Conditions

“Sanitarium TRY DIY” PROMOTION

TERMS AND CONDITIONS

Information on how to enter and the prize/s form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents aged 6 years to 15 years.
Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion (or collecting or accepting any prize the subject of this promotion).
Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
The promotion commences on Monday 6^th December 2021 at 12:00pm and entries close at 11:59pm AEDT on 10th January 2021 (“Promotional Period”).
The Promoter reserves the right to extend the Promotional Period, Weekly Draw Dates, or Random Prize Draw Date, in which case the Promoter will post an update to https://www.tryathlon.com.au confirming any extensions.
To enter, individuals must:
- Take a photograph or video of their child participating in the TRY-DIY. Individuals submitting photographs of a child that is not their own must have permission of the child’s parent or guardian to enter them in the promotion, and for the photograph to be used in accordance with these Terms and Conditions; and
- Visit https://www.tryathlon.com.au then follow the prompts to the competition entry form, input the requested details and submit the fully completed online entry form; or
- during the Promotional Period, click on the link contained within any promotional email received from the Promoter which will take the entrant directly to the entry form for the Promotion, input the requested details and submit the fully completed online entry form.
Any uploaded files must be submitted in accordance with the relevant platform’s requirements.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Winners (or if the winner is under 18 years of age their parent or guardian on their behalf) must upon request supply suitable identification at the time that the Promoter delivers the prize.
Incomplete or indecipherable entries will be deemed invalid.
Limit on entries: Only one (1) entry is permitted per person.
As only one (1) entry is permitted per person, an entrant is prohibited from winning multiple prizes.
If there is a dispute concerning the conduct of this promotion (including as to the identity of an entrant) or in respect to claiming a prize, the Promoter will consider the entrant’s grievances however reserves the right to resolve the dispute in the manner it determines most appropriate, acting reasonably.
Winner determination:
- - The Promoter will at its discretion select 4 TRYDIY Photo or Video entries, based on creative merit, by a panel of judges weekly for four (4) weeks at 3:00PM AEDT at Sanitarium Health Food Company, 1 Sanitarium Drive, Berkeley Vale, NSW on the following dates (“Weekly Draw Dates”):
    Winners Week 1   December 14
    Winners Week 2   December 21
    Winners Week 3   January 4
    Winners Week 4   January 11
  - The weekly winners will be notified in writing through email within two (2) business days. Each weekly winner will receive a:
    $100 Rebel Gift Voucher
- - There will be one (1) winner chosen out of all entries collected as part of a random draw on the 12^th of January at 12:00pm AEDT (“Random Draw Prize Date”). The random draw will take place at Sanitarium, (Australian Health & Nutrition Association Limited trading as The Sanitarium Health Food Company) (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, 2261. Phone number: 1800 673 392 at the outlined date and time.
  - The Random Draw Prize winner will win:
    $400 Rebel Gift Voucher
  - The winner will be notified through email within two (2) business days of the draw date. The winner will be published on the Kids TRY Facebook Page at 12:30pm AEDT on Friday 14th of January 2022.
  - The winner must respond to the Promoter by Thursday 13th January 2022 to claim the prize.
  - If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
If a prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
Subject to the unclaimed prize draw clause, if for any reason a/the winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
Total prize pool value is $2,000 AUD.
Prize/s, or any unused portion of a prize, are/is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
A draw for the prize if unclaimed may take place at Sanitarium Health Food Company at 1 Sanitarium Drive, Berkeley Vale NSW 2261 at 2:00pm AEDT on 20 November 2020, subject to any directions from a regulatory authority. In the case of a winner, they will be notified in writing within 2 business days of the draw. The winner will be published at the Kids TRY Facebook Page from 23 November 2020.
Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
- they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
- their Content shall not contain viruses or cause injury or harm to any person or entity;
- they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
- the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
- they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
- they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
- Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (Cth), as well as any other implied warranties under the ASIC Act (Act) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
Any cost associated with accessing the competition website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities, and may also use and handle personal information as set out in its privacy policy. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised by the entrant, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter using the details in clause 27 or emailing CustomerRelations@Sanitarium.com.au. All entries become the property of the Promoter. Visit https://www.sanitarium.com.au/corporate/privacy for the Promoter’s privacy policy, which contains information about how entrants may seek to access or correct their personal information held by the Promoter or complain about a breach of their privacy, and how the Promoter will deal with that complaint. Sanitarium is unlikely to send information overseas.
The Promoter is Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, 2261. Phone number: 1800 673 392.